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The appellant was charged on eight counts of the indictment with the following offences:
The learned judge convicted the appellant on counts 1 to 6, but acquitted him on Counts 7 and 8. The sole evidence linking the appellant with the offences specified in Counts 3 to 8 consisted of admissions made by him in interview. In respect of Counts 1 and 2 (the Aghalee 1996 robbery) the Crown relied also on certain circumstantial evidence in addition to admissions made by the appellant.
The judge set out in convenient form in his judgment the facts proved in relation to each robbery, and we gratefully adopt his summary:
The material action which the judge was asked to take was that specified in section 12(2)(i), viz to exclude the statements.
The Secretary of State duly made codes of practice, which came into force at the beginning of 1994. They were subsequently revised and Code I of the revised codes applied at the material time to the detention, treatment and questioning of persons detained under the 1989 Act.
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